Pintu @ Nasir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21448 of 2018 Arising Out of PS. Case No.-311 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== Pintu @ Nasir Ali son of Shekh Gulab, resident of village - Shekh Dhurwa, P.S. Manupaul, District West Champaran at Bettiah. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Shankar, Advocate.

Mr. Ravi Prakash, Advocate.

Mr. Sourav Suman, Advocate.

Mr. Binay Kumar, Advocate.

For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-04-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Bettiah Muffasil (Manuapul) P.S.Case No. 311 of 2017 and S.G.R. No. 47 of 2017 registered under Sections 323, 376/34 and 342 of the Indian penal Code and 4 POCSO Act.

Allegation in brief is that 13 years old girl was called by a lady, another co-accused, thereafter this petitioner, while she was in her house, committed rape with the prosecutrix. Submission is that due to land dispute, petitioner has been falsely implicated but there is no any specific matter pointed out relating to the land dispute.

Patna High Court Cr.Misc. No.21448 of 2018(2) dt.13-04-2018 2/2 However, learned counsel for the State submit that girl is only 13 years old and medical report suggests commission of rape as her hymen was also found ruptured. Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected. The trial court is directed to expedite the trial and conclude the same preferably within nine months from the date of framing of charge.

(Arun Kumar, J) sujit/- U T